Contents
44Misleading: competitor or product confusion in marketing or advertising.#
— (1) A commercial practice involving marketing or advertising is misleading if it would be likely to cause the average consumer—
(a)to confuse—
(i)a competitor’s product with the trader’s product, or
(ii)a competitor’s trade name, trade mark or some other distinguishing feature or mark with that of the trader,and
(b)to make a transactional decision that the average consumer would not otherwise make.
(2)In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
Contains Revised Acts prepared by the Law Reform Commission (revisedacts.lawreform.ie): legislative text under the Oireachtas (Open Data) PSI Licence, annotations under CC BY 4.0. Revised Acts are administrative consolidations, not authoritative.